Kathaleen Smalls v. Barack Obama , 675 F. App'x 318 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1927
KATHALEEN B. SMALLS,
Plaintiff - Appellant,
v.
PRESIDENT BARACK HUSSEIN OBAMA; ASHTON B. CARTER, Secretary,
Department of Defense; LORETTA E. LYNCH, Attorney General,
Department of Justice; UNITED STATES ARMY; UNITED STATES
MARINE CORPS; UNITED STATES NAVY; UNITED STATES ATTORNEY FOR
THE DISTRICT OF SOUTH CAROLINA,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Bruce H. Hendricks, District
Judge. (7:16-cv-01788-BHH)
Submitted: January 31, 2017 Decided: February 2, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kathaleen B. Smalls, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kathaleen B. Smalls appeals the district court’s order
denying relief on her 42 U.S.C. § 1983 (2012) complaint. The
district court referred this case to a magistrate judge pursuant
to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge
recommended that relief be denied and advised Smalls that
failure to file timely objections to this recommendation could
waive appellate review of a district court order based upon the
recommendation.
The timely filing of specific objections to a magistrate
judge’s recommendation is necessary to preserve appellate review
of the substance of that recommendation when the parties have
been warned of the consequences of noncompliance. Wright v.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas
v. Arn, 474 U.S. 140 (1985). Smalls has waived appellate review
by failing to file specific objections after receiving proper
notice. Accordingly, we affirm the judgment of the district
court.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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